BILL NUMBER: SB 225	CHAPTERED  09/30/00

	CHAPTER   1075
	FILED WITH SECRETARY OF STATE   SEPTEMBER 30, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 30, 2000
	PASSED THE SENATE   SEPTEMBER 1, 2000
	PASSED THE ASSEMBLY   SEPTEMBER 1, 2000
	AMENDED IN ASSEMBLY   AUGUST 29, 2000
	AMENDED IN ASSEMBLY   AUGUST 25, 2000
	AMENDED IN ASSEMBLY   AUGUST 7, 2000
	AMENDED IN ASSEMBLY   AUGUST 19, 1999
	AMENDED IN ASSEMBLY   JULY 8, 1999

INTRODUCED BY   Senator Rainey
   (Principal coauthor:  Assembly Member Aroner)
   (Coauthors:  Senators Chesbro, Figueroa, and Ortiz)
   (Coauthors:  Assembly Members Dickerson, Papan, Thomson, and
Wiggins)

                        JANUARY 25, 1999

   An act to amend Section 29550.4 of the Government Code, relating
to booking fees, making an appropriation therefor, and declaring the
urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 225, Rainey.  Booking fees:  annual appropriation.
   Existing law authorizes a county to impose, among other fees with
respect to criminal justice services, a booking fee upon other local
agencies and colleges and universities for county costs incurred in
processing or booking persons arrested by employees of those entities
and brought to county facilities for booking or detention.  Existing
law continuously appropriates up to $50,000,000 annually from the
General Fund to the Controller commencing with the 1999-2000 fiscal
year for allocation to cities for reimbursement for actual booking
and processing costs paid to counties.
   This bill would include qualified special districts, as defined,
and a city that has entered into a specified memorandum of
understanding with its county, within the allocation of those funds.
The bill would authorize those qualified special districts and
cities to apply for reimbursement from the Controller for the
1999-2000 fiscal year by specified dates.  By expanding the purposes
of an existing appropriation, this bill would constitute an
appropriation.
   This bill would incorporate additional changes in Section 29550.4
of the Government Code proposed by AB 2219, that would become
operative only if AB 2219 and this bill are both enacted and become
effective on or before January 1, 2001, and this bill is enacted
last.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 29550.4 of the Government Code is amended to
read:
   29550.4.  (a) Notwithstanding Section 13340, the sum of up to
fifty million dollars ($50,000,000) is hereby continuously
appropriated annually from the General Fund to the Controller
commencing with the 1999-2000 fiscal year for allocation to cities
and qualified special districts for reimbursement for actual costs
incurred by cities and qualified special districts in the payment of
booking and processing fees pursuant to this article.  For the
1999-2000 fiscal year, this appropriation shall be allocated to
cities and qualified special districts for reimbursement for actual
costs incurred by them during the period July 1, 1997, to July 1,
1998.  If the actual costs incurred by cities and qualified special
districts during the period of July 1, 1997, to July 1, 1998, in the
payment to counties of booking and processing fees is greater than
fifty million dollars ($50,000,000), then the Controller shall
prorate the reimbursement to each city and qualified special district
accordingly.
   (b) Not later than December 1, 1999, the Controller shall allocate
the funds appropriated pursuant to subdivision (a) to all qualified
cities and qualified special districts and shall certify to the
Director of Finance the actual amount of money allocated to cities
and qualified special districts for the payment of booking and
processing fees pursuant to subdivision (a).
   (c) Any city or qualified special district that applies for
reimbursement pursuant to this section shall comply with all requests
made by the Controller.  Any city or qualified special district that
does not pay booking or processing fees to a county or any city or
qualified special district that contracts with a county for the
payment of those fees shall be ineligible for reimbursement pursuant
to this section.  A city that has entered into a memorandum of
understanding with its county effective May 17, 1994, which agreement
allows for the payment of prepaid annual rent to satisfy the city's
booking fee obligation, shall be eligible to receive reimbursement
pursuant to this section.
   (d) Any qualified city that did not apply for reimbursement
pursuant to this section at the time required to receive funds
allocated by the Controller not later than December 1, 1999, in the
1999-2000 fiscal year may apply for that reimbursement by October 1,
2000.  Any qualified special district may apply to the Controller for
reimbursement pursuant to this section for the 1999-2000 fiscal year
by October 1, 2000.
   (e) For the purposes of this section, "qualified special district"
means both of the following:
   (1) A district that supplants the law enforcement functions of the
county within the jurisdiction of that district.
   (2) A district that employs peace officers, as described in
Section 830.1 of the Penal Code, who are certified as meeting those
standards and requirements established pursuant to Article 2
(commencing with Section 13510) of Chapter 1 of Title 4 of Part 4 of
the Penal Code.
  SEC. 1.5.  Section 29550.4 of the Government Code is amended to
read:
   29550.4.  (a) Notwithstanding Section 13340, the sum of up to
fifty million dollars ($50,000,000) is hereby continuously
appropriated annually from the General Fund to the Controller
commencing with the 1999-2000 fiscal year for allocation to cities
and qualified special districts for reimbursement for actual costs
incurred by cities and qualified special districts in the payment of
booking and processing fees pursuant to this article.  For the
1999-2000 fiscal year, this appropriation shall be allocated to
cities and qualified special districts for reimbursement for actual
costs incurred by them during the period July 1, 1997, to July 1,
1998.  If the actual costs incurred by cities and qualified special
districts during the period of July 1, 1997, to July 1, 1998, in the
payment to counties of booking and processing fees is greater than
fifty million dollars ($50,000,000), then the Controller shall
prorate the reimbursement to each city and qualified special district
accordingly.
   (b) Not later than December 1, 1999, the Controller shall allocate
the funds appropriated pursuant to subdivision (a) to all qualified
cities and qualified special districts and shall certify to the
Director of Finance the actual amount of money allocated to cities
and qualified special districts for the payment of booking and
processing fees pursuant to subdivision (a).
   (c) Notwithstanding any other provision of this article, any city
that pays booking and processing fees to another city is eligible for
reimbursement pursuant to this section on the same basis as a city
that pays booking and processing fees to a county.  The amount of
reimbursement for a city shall be based on the processing fees
charged by the county in which that city is located.  This
subdivision shall apply to reimbursements beginning in the 2000-01
fiscal year based on costs incurred in the 1997-98 fiscal year.
   (d) Any city or qualified special district that applies for
reimbursement pursuant to this section shall comply with all requests
made by the Controller.  Any city or qualified special district that
contracts with a county for the payment of those fees shall be
ineligible for reimbursement pursuant to this section.  A city that
has entered into a memorandum of understanding with its county
effective May 17, 1994, which agreement allows for the payment of
prepaid annual rent to satisfy the city's booking fee obligation,
shall be eligible to receive reimbursement pursuant to this section.

   (e) Any qualified city that did not apply for reimbursement
pursuant to this section at the time required to receive funds
allocated by the Controller not later than December 1, 1999, in the
1999-2000 fiscal year may apply for that reimbursement by October 1,
2000.  Any qualified special district may apply to the Controller for
reimbursement pursuant to this section for the 1999-2000 fiscal year
by October 1, 2000.
   (f) For the purposes of this section, "qualified special district"
means both of the following:
   (1) A district that supplants the law enforcement functions of the
county within the jurisdiction of that district.
   (2) A district that employs peace officers, as described in
Section 830.1 of the Penal Code, who are certified as meeting those
standards and requirements established pursuant to Article 2
(commencing with Section 13510) of Chapter 1 of Title 4 of Part 4 of
the Penal Code.
  SEC. 2.  Notwithstanding the deadlines created by Section 29550.4
of the Government Code, as amended by Section 1 or 1.5 of this act,
it is the intent of the Legislature that no later than November 1,
2000, the Controller shall do both of the following:
   (a) Implement the provisions of that section for qualified special
districts for the 1999-2000 fiscal year.
   (b) Allocate funds to any qualified city that did not receive an
allocation of funds by December 1, 1999, provided that the qualified
city complied by October 1, 2000, with all requests made by the
Controller.
  SEC. 3.  Section 1.5 of this bill incorporates amendments to
Section 29550.4 of the Government Code proposed by both this bill and
AB 2219.  It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2001, but this
bill becomes operative first, (2) each bill amends Section 29550.4 of
the Government Code, and (3) this bill is enacted after AB 2219, in
which case Section 29550.4 of the Government Code, as amended by
Section 1 of this bill, shall remain operative only until the
operative date of AB 2219, at which time Section 1.5 of this bill
shall become operative.
  SEC. 4.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to provide relief to qualified special districts for the
costs of criminal booking and processing fees owed to counties, it is
necessary that this act take effect immediately.
